SUNAINA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application arises out of an Election Petition No. 72 of 2006 which was filed by one Meena Devi, Respondent No. 10 to the present writ application challenging the election result for the post of Mukhiya of Gram Panchayat Miya Ke Bhatkan in the district of Siwan.

(2.) The present Petitioner is the returned candidate and initially the challenge in the writ application was to an Order dated, 21st July, 2007 passed by learned Munsif -I, Siwan by virtue of which direction for recounting of votes was issued. Contention of the Petitioner was that the Order for recounting can not be given as a matter of course or routine because there is no material on record to show that the mandatory requirement of Rule 79 of Bihar Panchayat Election Rules, 2006 (hereinafter referred to as "the Rules") was actually invoked. It is not for asking that a recount can be Ordered without there being sufficiency of material or evidence to show that the mandatory provisions or Rule 79 had been followed in this case or not.

(3.) WHILE the writ application was pending consideration in the Court, learned Munsif without waiting for the decision of the High Court in the matter went ahead and did the recounting. Based on the outcome of the recounting final Order in the election petition, in question, has been passed on 30th October, 2007. Vide this Order Petitioner 'selection has been set aside and Respondent No. 10 has been declared elected. This Order therefore has now been challenged by way of an Interlocutory Application No. 6087 of 2007. The I.A. has been allowed way back on 7th November, 2007 and for the reasons stated and recorded therein the Judgment dated, 30th October, 2007 came to be stayed. The matter thereafter has been heard and decided by way of this Order.